Kara Sears
Costa Rica is a constitutional republic located in Central America, with a population of approximately 4.8 million people. It is bordered by Nicaragua to the north, Panama to the south, the Pacific Ocean to the west, and the Caribbean Sea to the east. Costa Rica has a democratic form of government and is governed by a president and a unicameral legislative assembly. The country's legal system is based on a combination of civil law and common law principles. While civil law predominates, as the country was influenced by Spanish colonization, common law practices are also evident due to global influences and the country's close ties with the United States. The judicial system in Costa Rica operates at a slower pace compared to countries like Canada, and it is important for foreigners to be aware of the local laws and legal processes when visiting or residing in the country.
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What You'll Learn
Costa Rica's court decisions are not binding on other courts
Costa Rica operates a civil law system, which is based on a written code. This is different from common law systems, which rely on prior case law to resolve disputes. In common law systems, prior cases are used to guide the application and interpretation of statutes.
In Costa Rica, court decisions are not binding on other courts, except for decisions made by the Constitutional Chamber of the Supreme Court. The Constitutional Chamber, or Fourth Court, is responsible for upholding the rights enshrined in the Constitution and international law instruments ratified by Costa Rica. It ensures that no rule, treaty, regulation, or law within the legal order may be contrary to the Constitution. The decisions of the Constitutional Chamber must be followed by all other and lower courts in Costa Rica.
The court system in Costa Rica is divided into three levels: lower courts, appellate courts, and the Supreme Court. The lower courts handle civil, agrarian, family, and labor cases, while the appellate courts hear appeals from the lower courts. The Supreme Court is the highest court in the country and has the power to conduct a final review of cases. It also oversees the protection of fundamental rights and ensures constitutional supremacy.
The Judicial Branch, which includes the Supreme Court and other lower courts, is governed by the Organic Law of the Judicial Branch, Law No. 7333 of May 5, 1993. This law outlines the roles and responsibilities of the Judicial Branch, including conducting trials, making final decisions, and enforcing those decisions with the help of law enforcement if necessary.
While Costa Rica's court decisions may not be binding on other courts, the country's legal system is designed to uphold the rule of law, protect fundamental rights, and ensure that all cases are resolved in a fair and just manner.
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Common law relies on prior case law to resolve disputes
Costa Rica's legal system is primarily based on civil law, which is a written code of statutes that outlines procedures and punishments for various legal issues. Common law, on the other hand, relies on prior case law and legal precedent to resolve disputes. This means that in common law systems, court decisions and rulings from previous similar cases are used as a guide for resolving current disputes. This is based on the principle of stare decisis, which means "to stand by things decided".
Common law has its origins in the ancient laws of England, where it was believed that law was passed down by the King's Court. It has since been adopted and practiced in countries colonized by England, such as the United States, Canada, India, and Australia. In common law systems, higher courts can overrule prior decisions as "bad law" without waiting for lawmakers to make changes to statutes. This provides flexibility and allows for the evolution of legal interpretations over time.
In contrast, civil law systems, such as the one used in Costa Rica, have clear rules and codes that judges must follow when ruling on specific disputes. These rules are typically outlined in a civil code that subdivides legal topics into specific areas. While civil law provides more consistency and predictability, common law allows for more flexibility and the incorporation of local customs and traditions into the legal system.
The main advantage of common law is that it provides a body of law based on court decisions, which can be more adaptable and responsive to changing social and cultural norms. It also promotes the development of a uniform set of laws that can be applied across a country, eliminating local peculiarities and arbitrary remedies. Additionally, common law provides a sense of predictability and simplicity in contractual relations, making it a preferred choice for commercial parties.
However, one of the challenges of common law is the time and effort required to find relevant case law and precedent. It can be a tedious process to search through countless case reporters and practice guides to identify similar past cases. Nonetheless, with modern legal technology advancements, it has become easier to find on-point and relevant case law, making the process more efficient and successful.
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Costa Rica's civil jurisdiction
Costa Rica is a civil law country, which means its legal system is based on written codes. These codes are compiled into a book called the Code, which is approved by the legislature. The Code addresses various areas of law by subdividing them into specific legal topics. For example, the Civil Code governs contracts, property, obligations, capacity of persons, and succession.
The country's legal system is governed by the Constitution of 1949, which establishes the separation of powers between the Legislative, Executive, and Judicial branches of government. The Executive branch is made up of the President of the Republic, who is elected every four years through a general election. The Legislative branch is a unicameral legislative assembly that is also directly elected every four years.
The Judicial Branch, or the Supreme Power of the Republic, is established in Articles 9 and 152 of the Constitution. It is made up of the Supreme Court, Appellate Courts, and Trial Courts, which are charged with the administration of justice. The Supreme Court is divided into four chambers: Chamber I has jurisdiction over civil and administrative matters; Chamber II has appellate jurisdiction over civil matters including family law, estates, and labor law; Chamber III hears only criminal appeals; and Chamber IV has exclusive jurisdiction over constitutional matters.
Within the Judicial Branch, the Public Ministry plays a crucial role in asking the Courts to apply the law. They do this by filing criminal actions and conducting preliminary investigations of crimes. The Public Defenders, on the other hand, defend all defendants or criminal detainees requesting their services, as well as parties in non-criminal agrarian trials. These services are provided free of charge for those who cannot afford them.
In addition to the traditional court system, Costa Rica also has a system of administrative law. The National Registry's Administrative Registration Tribunal hears appeals of administrative decisions made by the Registry of Copyright and Related Rights and the Industrial Property Registry.
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Common law marriage in Costa Rica
Costa Rica operates under a civil law system, which is based on a written code. Common law, on the other hand, relies on prior case law to resolve disputes instead of a code. Common law is based on ancient English laws, customs, and the judgments and decrees of the courts. It is practised in countries such as the United States, England, Canada, and Australia, which were historically colonized by England.
In a common law system, court decisions are binding on other courts, whereas in Costa Rica, court decisions are not necessarily binding on other courts, except for decisions passed down by the Constitutional Chamber of the Supreme Court.
While most countries use a combination of common law and civil law, the civil law system is predominant in Europe and areas colonized by France and Spain. The United States, for example, practices common law, except in the state of Louisiana, which was colonized by France and therefore practices civil law.
The use of written law in civil law systems like Costa Rica's takes a stronger stance in federal and state statutes, and case law, or jurisprudence, is published and organized.
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Costa Rica's court system
Costa Rica is a constitutional republic governed by a president and a unicameral legislative assembly directly elected in multiparty elections every four years. The Judicial Branch, Supreme Power of the Republic, is established in Articles 9 and 152 of the Constitution. The Judicial Branch is governed by the legal guidelines set forth in the Organic Law of the Judicial Branch, Law No. 7333 of May 5, 1993.
The Supreme Court of Justice of Costa Rica is the court of greater hierarchy of Law and Justice in the country. Established on 25 January 1825, the Supreme Court of Costa Rica has jurisdiction over all other courts in the country. The Supreme Court has 22 proprietary magistrates, 25 substitute magistrates in three first chambers, and 12 substitute magistrates in the Constitutional Chamber. They are distributed as follows: five in each of the three Chambers of Annulment and seven in the Constitutional Chamber.
The Constitutional Chamber of the Supreme Court is the only court in Costa Rica whose decisions are binding on other courts. The Second Court hears cassation appeals and requests for review of regular trials or abbreviated family law and succession law trials. It also covers labour jurisdiction as a court of third instance. The Third Court hears cassation appeals and requests for review on criminal matters and cases against members of the highest authorities.
The Fourth Court, officially known as the Constitutional Court, oversees the protection of the fundamental rights enshrined in the Constitution and international law instruments ratified by Costa Rica. This court ensures that no rule, treaty, regulation, or law within the legal order may be contrary to the Constitution. The Court provides services 24 hours a day, all year round, so it can receive petitions at any time.
The Judicial Branch conducts trials on civil, criminal, juvenile criminal, commercial, labour, and administrative cases regarding property, constitutional, family, and agrarian matters. The right of appeal was incorporated into the Costa Rican criminal law system in 2011. The verdict and all judicial decisions in the final phase of criminal proceedings can be appealed. The appeal must be filed within 15 days at the same court that dictated the verdict. If an appeal is granted, the Higher Court conducts a full review of the case.
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Frequently asked questions
Common law is a legal system practised in many countries such as the United States, England, Canada and Australia. It is based on prior case law to resolve disputes instead of relying on a code.
No, Costa Rica is not a common law country. It is a constitutional republic governed by a president and a unicameral legislative assembly. Its legal system is based on written codes.
Common law is based on case law generated by the courts, whereas civil law is based on legislative enactments. Civil law is predominant in Europe and areas colonised by France and Spain.
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